Rajasthan High Court - Jodhpur
Sujan Singh vs State Of Rajasthan on 21 September, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 13102/2023
Sujan Singh S/o Narkhan Singh, Aged About 50 Years, R/o Ward
No. 21, Jogiyo Ki Dari, Mahabar Road, Barmer (Rajasthan).
----Petitioner
Versus
1. State Of Rajasthan, Through The Director Cum Special
Secretary, Directorate, Local Self Department, Jaipur
(Rajasthan).
2. Municipal Council, Barmer (Rajasthan) Through Its
Commissioner.
----Respondents
For Petitioner(s) : Mr. C.S. Kotwani
For Respondent(s) : Mr. Rajesh Parihar, A.G.C
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 21/09/2023
1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
"(i) By an appropriate writ, order or direction, the impugned notice dated 19.05.2023 (Annexure-4) issued by the respondent No.2 may kindly be declared illegal and be quashed and set aside.
(ii) By an appropriate writ, order or direction, the respondent Municipal Council may kindly be restrained to dispossess the petitioner from the plot in question, to initiate any adverse proceedings against the petitioner and further be restrained to take any coercive action against the petitioner.
(iii) any other appropriate order or direction as may be deemed just and proper by the Hon'ble Court in the facts and circumstances of the case may also be passed in favour of the petitioner.
(iv) Costs of the writ petition may be awarded in favour of the petitioner."
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(2 of 2) [CW-13102/2023]
2. Mr. C.S. Kotwani, learned counsel for the petitioner submits that the patta in question is genuine and if any construction work is carried out upon the patta in question, the same would be strictly as per the terms and conditions of the patta in question as well as relevant building bylaws and municipal laws.
3. Mr. Rajesh Parihar, learned Additional Government Counsel appearing on behalf of the respondents submits that he has no objection to the petitioner raising construction upon the patta in question, if it is strictly in accordance with the terms and conditions of the patta in question, building permission, building bylaws and the municipal laws.
4. In light of such submission, the present petition is disposed of, while quashing the notice dated 19.05.2023 (Annexure-4) directing that the petitioner shall make the necessary construction upon the patta in question strictly in accordance with the terms and conditions of the patta in question, building permission, building bylaws and the municipal laws. In case, there is any violation on the part of the petitioner, the respondents shall be free to take appropriate action against the present petitioner.
5. All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J. 49-Zeeshan (Downloaded on 12/11/2023 at 06:26:15 AM) Powered by TCPDF (www.tcpdf.org)